[EL] ELB News and Commentary 5/12/16
Rick Hasen
rhasen at law.uci.edu
Wed May 11 21:37:12 PDT 2016
“Money in politics: Finance, regulation and disclosure in CA’s
ballot initiative process” <http://electionlawblog.org/?p=82404>
Posted onMay 11, 2016 9:36 pm
<http://electionlawblog.org/?p=82404>byRick Hasen
<http://electionlawblog.org/?author=3>
[Bumping to the topic. The event will belivestreamed
<https://firstamendmentcoalition.org/watch-now-livestreaming-money-politics-forum-co-hosted-fac-kpcc-public-radio/?utm_source=First+Amendment+Coalition+%22Flash%22+newsletter&utm_campaign=0388c28618-2016+KPCC_Roadshow_Invitation+entire+list&utm_medium=email&utm_term=0_959005e04c-0388c28618-319606749>.]
Looking forward to participating inthis KPCC Air Tak event
<http://www.scpr.org/events/2016/04/19/1922/money-in-politics/>May 12:
As we look to the November ballot, this is expected to be a record
year for citizen initiatives in California with more than a hundred
already proposed and filed with the Secretary of State. Enacted in
1911, California’s citizens’ initiative process allows citizens the
opportunity to put their own propositions on the state ballot. But
is the average voter as well equipped to deal with complex
legislation as elected legislators and their full-time staffs?
While direct democracy is the intent, the process of qualifying and
passing initiatives in such a large state allows monied interests to
wield big clout. Do you think California’s initiative process is
controlled more by large industries, labor unions and wealthy
individuals than by voters? If so, do you have ideas for reforming
the process? Would you ban initiative financing that comes from
out-of-state? Do you think citizen initiatives are a waste of time
and money and should be scrapped altogether?
Join us on Tuesday, April 19 at KPCC’s Crawford Family Forum
as*Larry Mantle*(AirTalk),*Peter Scheer*(First Amendment Coalition)
and other special guests explore issues related to money in CA’s
initiative process.
Moderator:
*Larry Mantle*, host of AirTalk
Guests:
*John Eastman*, professor of law and community service at Chapman
University
*Richard Hasen*, Chancellor’s professor of law and political science
at University of California, Irvine
*Jessica Levinson*, professor at Loyola Law School
*John Matsusaka*, USC Charles F. Sexton chair in American
enterprise, professor of finance and business economics, and
executive director of Initiative and Referendum Institute
*Pete Peterson*, interim dean of the School of Public Policy and
executive director of the Davenport Institute at Pepperdine University
*Peter Scheer*, executive director of First Amendment Coalition
This event is a live taping of AirTalk co-presented by the First
Amendment Coalition and KPCC.
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Posted indirect democracy <http://electionlawblog.org/?cat=62>
“Protest Candidate, Paul Farrell, Wins 9 Percent of West Virginia
Primary Vote” <http://electionlawblog.org/?p=82701>
Posted onMay 11, 2016 9:31 pm
<http://electionlawblog.org/?p=82701>byRick Hasen
<http://electionlawblog.org/?author=3>
NYT reports.
<http://www.nytimes.com/politics/first-draft/2016/05/11/protest-candidate-paul-farrell-wins-9-percent-of-west-virginia-primary-vote/>
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
“Trump’s candidacy sparking ‘a surge’ in citizenship, voter
applications” <http://electionlawblog.org/?p=82699>
Posted onMay 11, 2016 9:28 pm
<http://electionlawblog.org/?p=82699>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo
<https://www.washingtonpost.com/politics/trumps-candidacy-sparking-a-surge-in-citizenship-voter-applications/2016/05/11/33808f34-177a-11e6-924d-838753295f9a_story.html>:
Donald Trump’s presidential campaign is spurring a record number of
citizenship applications and increases in voter registration among
Latinos upset by the candidate’s rhetoric and fearful of his plans
to crack down on immigration.
Activists, lawmakers and political consultants around the country
say Hispanics are flooding into citizenship workshops and
congressional offices and jamming hotlines on how to become U.S.
citizens or register to vote. Many say they are primarily motivated
by the rise of Trump, who has proposed deporting 11 million
undocumented immigrants and building a wall on the U.S.-Mexico border.
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Posted incampaigns <http://electionlawblog.org/?cat=59>
“Down a justice, John Roberts looks to find compromise, avoid 4-4
ties” <http://electionlawblog.org/?p=82697>
Posted onMay 11, 2016 9:15 pm
<http://electionlawblog.org/?p=82697>byRick Hasen
<http://electionlawblog.org/?author=3>
Ariane de Vogue
<http://www.cnn.com/2016/05/10/politics/john-roberts-supreme-court-tie/>writes
for CNN.
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Posted inSupreme Court <http://electionlawblog.org/?cat=29>
Chapman Law Review Symposium on Law and Politics in the Age of
Direct Democracy <http://electionlawblog.org/?p=82695>
Posted onMay 11, 2016 6:32 pm
<http://electionlawblog.org/?p=82695>byRick Hasen
<http://electionlawblog.org/?author=3>
Articles:
* Craig M. Burnett & Mathew D. McCubbins,Marriage on the Ballot: An
Analysis of Same-Sex Marriage Referendums in North Carolina,
Minnesota, and Washington During the 2012 Elections
<http://www.chapmanlawreview.com/wp-content/uploads/2016/05/19-1_Burnett.pdf>,
19 Chap. L. Rev. 1 (2015).
* Matt Childers & Mike Binder, The Differential Effects of Initiatives
and Referenda on Voter Turnout in the United States, 1890-2008
<http://www.chapmanlawreview.com/wp-content/uploads/2016/05/19-1_Childers.pdf>,
19 Chap. L. Rev. 35 (2015).
* John Dinan,State Constitutional Initiative Processes and Governance
in the Twenty-First Century
<http://www.chapmanlawreview.com/wp-content/uploads/2016/05/19-1_Dinan.pdf>,
19 Chap. L. Rev. 61 (2015).
* Joshua J. Dyck,New Directions for Empirical Studies of Direct
Democracy
<http://www.chapmanlawreview.com/wp-content/uploads/2016/05/19-1_Dyck.pdf>,
19 Chap. L. Rev. 109 (2015).
* Chris Chambers Goodman,Augmenting Transparency in the Ballot
Initiative Process: Impacts of the 2014 Reforms on the 2016 Election
Cycle
<http://www.chapmanlawreview.com/wp-content/uploads/2016/05/19-1_Goodman.pdf>,
19 Chap. L. Rev. 129 (2015).
* Kenneth P. Miller,The California Supreme Court and the Popular Will
<http://www.chapmanlawreview.com/wp-content/uploads/2016/05/19-1_Miller.pdf>,
19 Chap. L. Rev. 151 (2015).
* Henry Noyes,Direct Democracy as a Legislative Act
<http://www.chapmanlawreview.com/wp-content/uploads/2016/05/19-1_Noyes.pdf>,
19 Chap. L. Rev. 199 (2015).
* Amy L. Stone,Rethinking the Tyranny of the Majority: The Extra-Legal
Consequences of Anti-gay Ballot Measures
<http://www.chapmanlawreview.com/wp-content/uploads/2016/05/19-1_Stone.pdf>,
19 Chap. L. Rev. 219 (2015).
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Posted indirect democracy <http://electionlawblog.org/?cat=62>
“Federal Court Rejects Online Ballot Tool for Ohio Voters”
<http://electionlawblog.org/?p=82693>
Posted onMay 11, 2016 6:30 pm
<http://electionlawblog.org/?p=82693>byRick Hasen
<http://electionlawblog.org/?author=3>
Bloomberg BNA (no link):
Implementing an online ballot marking tool in Ohio prior to the 2016
presidential election is an unreasonable accommodation request
because it would fundamentally alter the state’s voting system, the
U.S. District Court for the Southern District of Ohio ruled today
(Hindel v. Husted
<http://www.bloomberglaw.com/public/document/Hindel_et_al_v_Husted_Docket_No_215cv03061_SD_Ohio_Dec_07_2015_Co/4>,
S.D. Ohio, No. 2:15-cv-03061, 5/11/16).
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,voters with disabilities
<http://electionlawblog.org/?cat=71>
More Softening of WI Voter ID Law in the Face of Lawsuits
<http://electionlawblog.org/?p=82691>
Posted onMay 11, 2016 6:28 pm
<http://electionlawblog.org/?p=82691>byRick Hasen
<http://electionlawblog.org/?author=3>
AP
<http://www.thonline.com/ap/state/article_ea5fd97f-db96-5507-8ce1-78ad5905b39d.html>:
People working to obtain state photo identification without the
proper underlying documents will be able to vote with a receipt
under an emergency rule Gov. Scott Walker signed Wednesday.
The rule is designed to blunt a pair of lawsuits alleging voters who
lack the proper documents face tough hurdles in obtaining free
identification. A trial is set to begin in one of the cases in
federal court Monday, although the judge could decide the matter yet
this week on his own. A status conference is set for Thursday in the
other case.
These softening devices so far havebeen better in theory than in
practice <http://electionlawblog.org/?p=80636>.
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Posted inelection administration
<http://electionlawblog.org/?cat=18>,The Voting Wars
<http://electionlawblog.org/?cat=60>,voter id
<http://electionlawblog.org/?cat=9>
“How Hillary Clinton Helped Make the Campaign Legal Center’s
Nightmares a Reality” <http://electionlawblog.org/?p=82688>
Posted onMay 11, 2016 10:18 am
<http://electionlawblog.org/?p=82688>byRick Hasen
<http://electionlawblog.org/?author=3>
Brendan Fischer
<http://www.campaignlegalcenter.org/news/blog/how-hillary-clinton-helped-make-campaign-legal-center-s-nightmares-reality>for
CLC.
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Posted inUncategorized <http://electionlawblog.org/?cat=1>
AALS Call for Papers <http://electionlawblog.org/?p=82686>
Posted onMay 11, 2016 8:35 am
<http://electionlawblog.org/?p=82686>byRick Hasen
<http://electionlawblog.org/?author=3>
Via email:
The AALS Section on Legislation and Law of the Political Process is
pleased to announce that it will host a “New Voices in
Legislation” program during the 2017 AALS Annual Meeting in San
Francisco, CA. This works-in-progress program will bring together
junior and senior scholars in the field of legislation for the
purpose of providing the junior scholars with feedback and guidance
on their draft articles. Scholars whose papers are selected will
present their work in small panel sessions. A senior scholar will
moderate each panel and lead discussion about the draft article.
Eligibility: The New Voices Program will be open to full-time
faculty members from AALS member schools who are untenured or have
been tenured for two years or less. All scholars, whether or not
presenting a paper or moderating a discussion, arewelcome to attend
the program and participate in discussions.
Submission Requirements: Submissions should be drafts of articles
relating to legislation and the law of the political process,
including articles related to legislative structure, the
legislative process, statutory interpretation, and deliberation.
Submissions should be near completion and should not exceed 30,000
words, including footnotes. The purpose of the program is to
provide junior scholars with feedback that can be incorporated into
their works-in-progress; as a result, articles are ineligible for
the program if they are expected to be in print at the time of the
program in January 2017. However, articles that already have been
submitted to law reviews for publication, and accepted for
publication, are not ineligible for this reason.
Submission Process: To be considered for participation in the
program, please email a copy of the paper and abstract to Evan
Zoldan, evan.zoldan at utoledo.edu <mailto:evan.zoldan at utoledo.edu>by
Friday, October 7, 2016. Selected participants will be notified in
early November 2016. Final drafts of those who are selected must be
submitted by December 15, 2016.
Senior Scholars: If you are interested is serving as a commentator
for one of the junior papers, please contact Evan
Zoldan,evan.zoldan at utoledo.edu <mailto:evan.zoldan at utoledo.edu>.
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Posted inpedagogy <http://electionlawblog.org/?cat=23>
Is This Statistic About Corporate Spending in Elections Possibly
Right? <http://electionlawblog.org/?p=82681>
Posted onMay 11, 2016 7:19 am
<http://electionlawblog.org/?p=82681>byRick Hasen
<http://electionlawblog.org/?author=3>
Yesterday I flaggedthis NYT oped
<http://www.nytimes.com/2016/05/10/opinion/why-dark-money-is-bad-business.html?ref=opinion&_r=1>by Kathleen
Donovan-Maher and Steven Groopman, “Why Dark Money is Bad Business.”
The second sentence reads: “So far two-thirds of election dollars have
largely come from anonymous corporate donations, funneled through what
have been referred to as “dark money” nonprofit groups that freely
engage in electoral and legislative politics, but don’t have to disclose
their donors, expenditures or even their members.”
There’s no hyperlink supporting the sentence and it strikes me as way
off the mark. Any sense of where this number comes from?
Update:Robert Maguire
<https://twitter.com/RobertMaguire_/status/730403077963001856>of Open
Secrets doesn’t see support for this statement.
MORE
<https://twitter.com/levinecarrie/status/730406360660234240>reactions on
Twitter.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Bauer on Bopp’s Soft Money Challenge
<http://electionlawblog.org/?p=82679>
Posted onMay 11, 2016 7:15 am
<http://electionlawblog.org/?p=82679>byRick Hasen
<http://electionlawblog.org/?author=3>
Bauer:
<http://www.moresoftmoneyhardlaw.com/2016/05/undesirable-alternatives/>
The Louisiana Republican Party has enlisted Jim Bopp to mount a
challenge to campaign finance restrictions on state political
parties <http://www.fec.gov/law/litigation/lagop.shtml>and so it is
widely assumed that this is a Trojan Horse lawsuit with much wider
significance for the survival of McCain-Feingold. And of course if
the three-judge court, then eventually the Supreme Court, decide the
case a certain way, it could well help doom the 1970’s reforms–if
not immediately, then eventually. Rick Hasen, among others,has
embraced the doomsday scenario
<http://www.theatlantic.com/politics/archive/2016/05/supreme-court-soft-money/480978/>,
and the reform community has communicated to the three-judge court
just this view of the stakes.
All of this may be true but this case and likely others to follow
point to the costs of the bitter, stalemated discussion of campaign
finance policy. Louisiana and its lawyers have a reasonable case
against the regulatory burdens on state parties: they stress that
the dissatisfaction with aspects of these rules is bipartisan.
Thoughtful observers have concluded, asBrookings scholars recently
did
<http://www.brookings.edu/%7E/media/research/files/papers/2016/03/08-state-parties-la-raja-rauch/states.pdf>,
that reforms are required.
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Posted incampaign finance <http://electionlawblog.org/?cat=10>
Trump Rules Out Accepting Public Financing for General Election
Campaign <http://electionlawblog.org/?p=82677>
Posted onMay 11, 2016 7:13 am
<http://electionlawblog.org/?p=82677>byRick Hasen
<http://electionlawblog.org/?author=3>
No surprise.
<http://bigstory.ap.org/article/087bc8bc5028405c80fa20cea70be877/ap-interview-trump-narrows-vp-list-he-moves-general>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
“Super PAC coffers swell with more than $700 million”
<http://electionlawblog.org/?p=82675>
Posted onMay 11, 2016 7:12 am
<http://electionlawblog.org/?p=82675>byRick Hasen
<http://electionlawblog.org/?author=3>
WaPo reports.
<https://www.washingtonpost.com/politics/super-pac-coffers-swell-with-more-than-700-million/2016/05/10/3c9b8822-16ed-11e6-924d-838753295f9a_story.html>
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Posted incampaign finance <http://electionlawblog.org/?cat=10>,campaigns
<http://electionlawblog.org/?cat=59>
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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